Blago co-defendant Cellini to have own trial

The federal judge overseeing the corruption case against former Gov. Rod Blagojevich ruled today that Springfield power broker William Cellini be tried separately from the former governor.

A lawyer for the ex-governor's brother said today he, too, plans to seek to be tried separately from his brother as well.

U.S. District Judge James Zagel severed Cellini from Blagojevich's trial next year without objection from prosecutors. Prosecutors had suggested the suicide of fundraiser Christopher Kelly in September altered the complexion of the case because Kelly essentially was the link between Cellini and Blagojevich.

Meanwhile, Michael Ettinger, the lawyer for Blagojevich's brother, Robert, said he will also seek to remove his client from the trial because he could be unfairly prejudiced by being tried beside the former governor.

"It was basically his decision, not mine," Ettinger said of his client after court. Robert Blagojevich, the former governor's chief fundraiser, was among those indicted in April.

Sam Adam Jr., an attorney for the former governor, said he would leave that choice up to Ettinger and Rob Blagojevich.

"Whoever is sitting next to us, we look forward to fighting with them," Adam said.

If Robert Blagojevich was also severed from the trial, that would leave only the former governor as the only defendant scheduled to go on trial next June.

Also today, Zagel addressed a motion filed by attorneys for Rod Blagojevich last week to postpone the June 3 trial date until September 2010 to allow both sides to react to an expected U.S. Supreme Court decision on "honest services" fraud.

The high court is expected to hear argument next month on the controversial mail-fraud statute in three cases, including the Chicago conviction of former media baron Conrad Black, and would rule by the end of the court's current session in June.

Assistant U.S. Atty. Reid Schar called it "premature" to move Blagojevich's trial date, while lawyer Allan Ackerman, representing the former governor, said nothing would be lost by waiting for the Supreme Court decision, especially if some counts against the former governor had to be dropped as a result.

Zagel said he might ultimately delay the trial but grant a much shorter continuance than the defense is seeking.

For the defense, "the best possible result is the case does not get any bigger," Zagel said. "It gets smaller."

If some counts needed to be removed, it's possible both sides might have done some unnecessary work to prepare for trial, but there's no harm there either, Zagel said.

"It's what careful lawyers do," he said.

And on yet another topic, the judge briefly addressed Blagojevich's appearance on the "Celebrity Apprentice" television show hosted by Donald Trump. Zagel made it clear there has been no agreement between the two sides about any limits that might be put on the former governor in terms of comments he could make about the criminal case.

Zagel said he was not taking a stand on the appearance but would not limit what the government can do when it comes to investigating things Blagojevich might say on TV.